Political Finance Database

Bangladesh

Bangladesh

2018
Bans and limits on private income
Public funding
Regulations of spending
Reporting, oversight and sanctions
Question Value
1. Is there a ban on donations from foreign interests to political parties?
Code
Yes
Comment

BLANK

Source
2. Is there a ban on donations from foreign interests to candidates?
Code
No
3. Is there a ban on corporate donations to political parties?
Code
No
Comment

Limit at taka twenty five lakh or property or service equivalent to it

Source

Art. 90F, (1) (a, ii): ‘A registered political party shall be entitled to (...)receive donation or grants from any person, company, group of companies or non-government organization except the sources mentioned in clause (1) of Article 44CC: provided that such amount of donation or grants shall not exceed the following limits, in a calendar year (...) in the case of a company or organization, taka twenty five lakh or property or service equivalent to it'.

Source: Representation of the People Order (Amendement) Act, 2009.

4. Is there a ban on corporate donations to candidates?
Code
No
Comment

BLANK

Source

Art. 44AA, (1): ‘At the time of submitting the nomination paper, every contesting candidate shall submit to the Returning Officer,] a statement, in the prescribed form, of the probable sources of fund to meet his election expenses showing-

(a) the sum to be provided by him from his own income and the sources of such income; (b) the sum to be borrowed, or received as voluntary contribution, from his relations and the sources of their income; (c) the sum to be borrowed, or received as voluntary contribution, from any other person; (d) the sum to be received as voluntary contribution, from any political party, organisation or association;’

Source: Representation of the People Order, 1972.

5. Is there a ban on donations from Trade Unions to political parties?
Code
No
Comment

BLANK

Source

Source: Representation of the People Order (Amendment) Act, 2009.

6. Is there a ban on donations from Trade Unions to candidates?
Code
No
Comment

BLANK

Source

Source: Representation of the People Order, 1972.

7. Is there a ban on anonymous donations to political parties?
Code
Yes
Comment

All sources of funding must be identified, hence the de facto ban

Source

Art. 44CC, (1): ‘Every political party setting up any candidate for election shall maintain proper account of all its income and expenditure (...) and such account shall show clearly the amount received by it as donation above (...) taka five thousand from any candidate or any person seeking nomination or from any other person or source giving their names and addresses and the amount received from each of them and the mode of receipt.’

Source: Representation of the People Order, 1972.

8. Is there a ban on anonymous donations to candidates?
Code
Yes
Comment

All sources of funding must be identifie, hence de facto ban

Source

Article 44AA, (1) [At the time of submitting the nomination paper, every contesting candidate shall submit to the Returning Officer,] a statement, in the prescribed form, of the probable sources of fund to meet his election expenses showing-

(a) the sum to be provided by him from his own income and the sources of such income;

(b) the sum to be borrowed, or received as voluntary contribution, from his relations and the sources of their income;

(c) the sum to be borrowed, or received as voluntary contribution, from any other person;

(d) the sum to be received as voluntary contribution, from any political party, organisation or association;

e) the sum to be received from any other source

 

Source: Representation of the People Order, 1972 (as amended up to October 2008).

9. Is there a ban on donations from corporations with government contracts to political parties?
Code
No
Comment

BLANK

Source

Article 90F, (1) (a): ‘A registered political party shall be entitled to... receive donation or grants from any person, company, group of companies or non-government organization except the sources mentioned in clause (1) of Article 44CC’.

(Source: Representation of the People Order (Amendment) Act, 2009)

10. Is there a ban on donations from corporations with government contracts to candidates?
Code
No
Comment

BLANK

Source

Art. 44AA, (1), ‘At the time of submitting the nomination paper, every contesting candidate shall submit to the Returning Officer, a statement, in the prescribed form, of the probable sources of fund to meet his election expenses showing- (a) the sum to be provided by him from his own income and the sources of such income; (b) the sum to be borrowed, or received as voluntary contribution, from his relations and the sources of their income; (c) the sum to be borrowed, or received as voluntary contribution, from any other person; (d) the sum to be received as voluntary contribution, from any political party, organisation or association;’.

Source: Representation of the People Order, 1972.

11. Is there a ban on donations from corporations with partial government ownership to political parties?
Code
No
Comment

BLANK

Source

Art. 90F, (1) (a): ‘A registered political party shall be entitled to... receive donation or grants from any person, company, group of companies or non-government organization except the sources mentioned in clause (1) of Article 44CC’.

Source: Representation of the People Order (Amendment) Act, 2009.

12. Is there a ban on donations from corporations with partial government ownership to candidates?
Code
No
Comment

BLANK

Source

Art. 44AA, (1), ‘At the time of submitting the nomination paper, every contesting candidate shall submit to the Returning Officer, a statement, in the prescribed form, of the probable sources of fund to meet his election expenses showing- (a) the sum to be provided by him from his own income and the sources of such income; (b) the sum to be borrowed, or received as voluntary contribution, from his relations and the sources of their income; (c) the sum to be borrowed, or received as voluntary contribution, from any other person; (d) the sum to be received as voluntary contribution, from any political party, organisation or association;’.

Source: Representation of the People Order, 1972.

13. Is there a ban on the use of state resources in favour or against a political party or candidate?
Code
Yes
Comment

BLANK

Source

Art.74, (2)A: 'A person is guilty of illegal practice (...) if he-obtains or procures, or attempts to obtain or procure, the assistance of any person in the service of Bangladesh to further or hinder the election of a candidate'.

Source: Representation of the People Order, 1972 (as amended up to October 2008)

14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period?
Code
Yes, for both natural and legal persons
Source

90F. (1) Subject to the provision of clause (2), a registered political party shall be entitled to-

(a) receive donation or grants from any person, company, group of companies except the sources

mentioned in clause (1) of Article 44CC:

Provided that such amount of donation or grants shall not exceed the following limits, in a calendar

year-

(i) in the case of a person, taka five lakh or property or service equivalent to it;

(ii) in the case of a company or organization, taka twenty-five lakh or property or service equivalent to it;

Source

RPO 2008, Article 90F (2)(a)

 

A political party may receive donations not more than Tk 0.5 million (equivalent to US$ 7,143) or services worth the same amount from individuals or Tk 2.5 million (US$ 35,714) or services worth the same amount from a company in a year.

US$ 1.00 = BDT 70.00 

Source

Transparency in Political Finance in Bangladesh, Study Conducted under The Crinis Pilot Project in the Asia Pacific, Transparency International (October 2009) (page 16). [Available at  https://www.ti-bangladesh.org/research/Crinis_Report_251009_full%5Be%5D2.pdf ]

15. If there is a limit on the amount a donor can contribute to a political party during a non-election specific period, what is the limit?
Code
Personal donations: Tk 0.5 million per calendar year. Companies or organisations: Tk 2.5 million per calendar year.
Source

90F. (1) Subject to the provision of clause (2), a registered political party shall be entitled to-

(a) receive donation or grants from any person, company, group of companies except the sources

mentioned in clause (1) of Article 44CC:

Provided that such amount of donation or grants shall not exceed the following limits, in a calendar

year-

(i) in the case of a person, taka five lakh or property or service equivalent to it;

(ii) in the case of a company or organization, taka twenty-five lakh or property or service equivalent to it;

Source

RPO 2008, Article 90F (2)(a)

 

A political party may receive donations not more than Tk 0.5 million (equivalent to US$ 7,143) or services worth the same amount from individuals or Tk 2.5 million (US$ 35,714) or services worth the same amount from a company in a year.

US$ 1.00 = BDT 70.00 

Source

Transparency in Political Finance in Bangladesh, Study Conducted under The Crinis Pilot Project in the Asia Pacific, Transparency International (October 2009) (page 16). [Available at  https://www.ti-bangladesh.org/research/Crinis_Report_251009_full%5Be%5D2.pdf ]

16. Is there a limit on the amount a donor can contribute to a political party during an election?
Code
No
Comment

BLANK

Source

Art. 44CC, (4): ‘No such political party shall receive any donation amounting to more than (...) taka twenty thousand (...) unless it is made by cheque.’

Source: Representation of the People Order, 1972 (as amended up to 2008).

17. If there is a limit on the amount a donor can contribute to a political party during an election, what is the limit?
Code
Not applicable
Comment

BLANK

18. Is there a limit on the amount a donor can contribute to a candidate?
Code
No
Comment

BLANK

Source

Art. 44AA, (1): ‘every contesting candidate shall submit to the Returning Officer, a statement, in the prescribed form, of the probable sources of fund to meet his election expenses showing- (a) the sum to be provided by him from his own income and the sources of such income; (b) the sum to be borrowed, or received as voluntary contribution, from his relations and the sources of their income; (c) the sum to be borrowed, or received as voluntary contribution, from any other person; (d) the sum to be received as voluntary contribution, from any political party, organisation or association; e) the sum to be received from any other source. (7) Provided that the provisions of sub-clauses (a) to (e) shall not apply to a case where the amount of such sum is not more than taka five thousand to be received as voluntary contribution or grant.

Source: Representation of the People Order, 1972 (as amended up to 2008).

 

19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit?
Code
Not applicable
20. Is there a limit on the amount a candidate can contribute to their own election campaign?
Code
No data
21. Is there a limit on in-kind donations to political parties?
Code
No
Comment

But donations must be reported

Source

'Political parties that are registered to the Election Commission have to submit audit reports annually where they have to report all kinds of donations (both financial and in-kind services) from individuals and/ or companies/ organizations'. 

Source: Money, Politics and Transparency, Bangladesh. Link to source: https://data.moneypoliticstransparency.org/countries/BD/

22. Is there a limit on in-kind donations to candidates?
Code
No
Comment

But donations need to be reported

Source

For individual candidates, any in-kind donations (that includes payment for stationery, postage, telegram and other petty expenses) has to be mentioned in writing by the election agent, and thus is to be reported in the election statement. (Political Party Registration Rules 2008, Rule 9)

Source: (Source: Money, Politics and Transparency, Bangladesh. Link to source: https://data.moneypoliticstransparency.org/countries/BD/)

Art. 44B (2) (ii): ‘(2) No person other than the election agent of a contesting candidate shall incur any election expenses of such candidate: Provided that- (ii) any person may, if so authorised by the election agent in writing specifying a maximum amount, to the extent of such amount, make payment for stationery, postage, telegram and other petty expenses.’

Source: Representation of the People Order, 1972 (as amended up to October 2008)

23. Is there a ban on political parties engaging in commercial activities?
Code
No
24. Is there a ban on political parties taking loans in relation to election campaigns?
Code
No
Comment

BLANK

Source

'Political parties that are registered with the Election Commission have to submit audit reports annually where they have to report all kinds of financial transactions including loans (Political Party Registration Rules 2008, Rule 9)'.

Source: Money, Politics and Transparency, Bangladesh. Link to source: https://data.moneypoliticstransparency.org/countries/BD/

25. Is there a ban on candidates taking loans in relation to election campaigns?
Code
No
Comment

BLANK

Source

Art. 44AA (b, c) ‘[At the time of submitting the nomination paper, every contesting candidate shall submit to the Returning Officer,] a statement, in the prescribed form, of the probable sources of fund to meet his election expenses showing- (b) the sum to be borrowed, or received as voluntary contribution, from his relations and the sources of their income; (c) the sum to be borrowed, or received as voluntary contribution, from any other person;’.

Source: Representation of the People Order, 1972.

26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes?
Code
No data
27. Are there provisions requiring donations to go through the banking system?
Code
No
Source

Source: Representation of the People Order, 1972.

Question Value
28. Are there provisions for direct public funding to political parties?
Code
No public funding available
Source

'There is no provision of direct public subsidy for the funding of political parties.' (2009: 10)

Source: ‘Transparency in Political Finance in Bangladesh’, Transparency International Bangladesh, October 2009, pp. 1-32.

29. What are the eligibility criteria for political parties to receive public funding?
Code
Not applicable
Comment

BLANK

30. What is the allocation calculation for political parties to receive public funding?
Code
Not applicable
Comment

BLANK

31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)?
Code
Not applicable
Comment

Blank

32. Are there provisions for free or subsidized access to media for political parties?
Code
Yes
Comment

BLANK

Source

Article 90 F, (1) (d): a registered party shall be entitled to 'broadcasting and telecasting facilities in the state-owned media during the general election to Parliament according to the principles and guidelines prescribed by the Commission'

Source: Representation of the People Order, 1972 (as amended up to October 2008)

33. What criteria determine allocation for free or subsidized access to media for political parties?
Code
Not applicable
Comment

BLANK

34. Are there provisions for free or subsidized access to media for candidates?
Code
No
Source

'During elections, political parties and candidates do not get public funds as well as tax exemptions. However, the registered parties are entitled to broadcasting and telecasting facilities in the state-owned media as a form of government subsidy' (2009: 13).

Source: ‘Transparency in Political Finance in Bangladesh’, Transparency International Bangladesh, October 2009, pp. 1-32.

35. Are there provisions for any other form of indirect public funding?
Code
No
Comment

Blank

36. Is the provision of direct public funding to political parties tied to gender equality among candidates?
Code
Not applicable
37. Are there provisions for other financial advantages to encourage gender equality in political parties?
Code
No
Question Value
38. Is there a ban on vote buying?
Code
Yes
Comment

BLANK

Source

RPO, Article 73, (2B): 'a person is guilty of corrupt practice (...) if he (...) is guilty of bribery, personation or undue influence'

Source: Representation of the People Order, 1972 as amended up to October 2008

39. Are there limits on the amount a political party can spend?
Code
Yes
Comment

BLANK

Source

Source: Art. 44CC, Representation of the People Order, 1972.

40. If there are limits on the amount a political party can spend, what is the limit?
Code
Yes
Comment

BLANK

Source

Art. 44CC (3) 'No such political party shall expend during the aforesaid period for election purposes, including election expenses for the contesting candidates set up by it, an amount exceeding-(a) where the number of such candidates is more than two hundred, taka 1[ taka four crore and fifty lakh],(b) where the number of such candidates is more then one hundred but not more than two hundred, [taka three crore],(c) where the number of such candidates is not more than one hundred taka seventy five lakh [more than fifty but not more than one hundred, taka one crore and fifty lakh,[(d) where the number of such candidates is not more than fifty, taka seventy five lakh,][Provided that the amount mentioned in sub-clauses (a), (b), (c) and (d) shall be subject to maximum taka one lakh and fifty thousand per candidate.

Source: Representation of the People Order, 1972.

41. Are there limits on the amount a candidate can spend?
Code
Yes
Comment

Includes expenses incurred by anyone on behalf of the candidate

Source

Art. 44A: ''election expenses' means any expenditure incurred or payment made (...) for the arrangement, conduct or benefit of, or in connectionwith, or incidental to, the election of a candidate'.

Article 44B (3): 'The election expenses of a contesting candidate, including the expenditure incurred for him by the political party which has nominated him as its candidate, shall not exceed taka (...) twenty five lakh (...) Provided that the election expenses of a contesting candidate shall be determined per capita on the basis of total number of electors in a constituency'

Source: Representation of the People Order (Amendment) Act, 2013.

42. If there are limits on the amount a candidate can spend, what is the limit?
Code
Twenty five lakh
Comment

BLANK

Source

Article 44B (3): 'The election expenses of a contesting candidate, including the expenditure incurred for him by the political party which has nominated him as its candidate, shall not exceed taka (...) twenty five lakh (...) Provided that the election expenses of a contesting candidate shall be determined per capita on the basis of total number of electors in a constituency'.

Source: Representation of the People Order (Amendment) Act, 2013.

43. Are there limits on the amount that third parties can spend on election campaign activities?
Code
No
Source

'Like other citizens and organizations, third party actors are obliged to submit financial reports to tax authorities annually, but no available literature indicates that these reports include contributions or expenditures related to electoral campaigns in any fashion.'

Source: Money, Politics and Transparency, Bangladesh. Link to source: https://data.moneypoliticstransparency.org/countries/BD/

44. Are there limits on traditional media advertising spending in relation to election campaigns?
Code
No data
45. Are there limits on online media advertising spending in relation to election campaigns?
Code
No data
46. Do any other restrictions on online media advertisement (beyond limits) exist?
Code
No data
Question Value
47. Do political parties have to report regularly on their finances?
Code
Yes
Comment

BLANK

Source

'The parties have to submit their annual income and expenditure statements to the EC within 31 July after the end of the last fiscal year' (2009: 7).

Source: 'Transparency in Political Finance in Bangladesh', Transparency International Bangladesh, October 2009, pp. 1-32. 

48. Do political parties have to report on their election campaign finances?
Code
Yes
Comment

BLANK

Source

Art. 44CCC, (1): 'Every political party nominating any candidate for election shall submit to the (...) Commission, for its scrutiny, within ninety days of the completion of election in all constituencies, an expenditure statement'

Source: Representation of the People Order (Amendment) Act, 2013.

49. Do candidates have to report on their election campaign finances?
Code
Yes
Comment

Before and After the elections

Source

Art. 44AA, (1) 'At the time of submitting the nomination paper, every contesting candidate shall submit to the Returning Officer, a statement, in the prescribed form, of the probable sources of fund to meet his election expenses'

Art 44B, (4) 'Any candidate incurring personal expenditure and any person making any payment under clause (2) shall, within [seven days] of the declaration of the result of the election, send to the election agent a statement of such expenditure of particulars of such payment.'

Source: Representation of the People Order (Amendment) Act, 2013.

 

50. Do third parties have to report on election campaign finances?
Code
No
Comment

BLANK

Source

‘As far as the electoral campaign is concerned, there is no provision in the electoral laws for third-party actors to report contributions received and expenditure to an oversight authority like the Electoral Commission, let alone that financial reports be itemized. In practice, third-party actors such as foundations, NGOs, think tanks, or unions do not contribute in the electoral campaign for or against a party or a candidate, nor do they file any such reports. Even when unions do undertake political activities, they make no such reports.’

Source: Money, Politics and Transparency, Bangladesh. Link to source: https://data.moneypoliticstransparency.org/countries/BD/)

 

51. Is information in reports from political parties and/or candidates to be made public?
Code
Yes
Comment

Related to reports submitted during elections.

Source

Art. 44D: 'The statement, return and documents submitted under Articles 44AA, 44C and 44CCC shall be kept by the Returning Officer or the Commission, as the case may be, in his or its office or at such other convenient place as he or it may think fit and shall, during one year from the date of receipt, be open for inspection by any person on payment of the prescribed fees.'(2)The Commission or the Returning Officer shall, on an application made in this behalf and on payment of the prescribed fees, give any person copies of any statement, return or document or any part thereof kept under clause (1).(3) The copies of the statements, return or documents under clause (1) shall be published in the website of the Commission.

Source: Representation of the People Order (Amendment) Act, 2009.

52. Must reports from political parties and/or candidates reveal the identity of donors?
Code
Sometimes
Comment

Candidates: every source should be named. Political parties: only of those donating more than TK 5,000.

Source

Art. 44CC, (1): 'Every political party setting up any candidate for election shall maintain proper account of all its income and expenditure for the period from the date of publication of notification under clause (1) of Article 11 till the completion of elections in all the constituencies in which it has set up candidates and such account shall show clearly the amount received by it as donation above 14[taka five thousand] from any candidate or any person seeking nomination or from any other person or source giving their names and addresses and the amount received from each of them and the mode of receipt.'

Art. 44C, (1) (e): 'a statement of all sums received from any sources, together with evidence of such receipts, for the purpose of election expenses, specifying the name of every such source.'

Source: Representation of the People Order (Amendment) Act, 2009.

 

53. Must reports from political parties and/or candidates include information on itemized income?
Code
Yes
Source

Art. 44C (1) (a, e): ‘(1) Every election agent of a contesting candidate shall, within [ thirty days] after the publication of the name of the returned candidate under Article 19, or Article 39, submit to the Returning Officer a return of election expenses in the prescribed form containing- (a) a statement of all payments made by him [ each day] together with all the bill and receipts; … (e) a statement of all sums received from any sources, together with evidence of such receipts, for the purpose of election expenses, specifying the name of every such source.’

 

Art. 44CC (1): ‘Every political party setting up any candidate for election shall maintain proper account of all its income and expenditure for the period from the date of publication of notification under clause (1) of Article 11 till the completion of elections in all the constituencies in which it has set up candidates and such account shall show clearly the amount received by it as donation above [taka five thousand] from any candidate or any person seeking nomination or from any other person or source giving their names and addresses and the amount received from each of them and the mode of receipt.’

Source: Representation of the People Order, 1972.

54. Must reports from political parties and/or candidates include information on itemized spending?
Code
Yes
Source

Art. 44C (1) (a, e): ‘(1) Every election agent of a contesting candidate shall, within [ thirty days] after the publication of the name of the returned candidate under Article 19, or Article 39, submit to the Returning Officer a return of election expenses in the prescribed form containing- (a) a statement of all payments made by him [ each day] together with all the bill and receipts; … (e) a statement of all sums received from any sources, together with evidence of such receipts, for the purpose of election expenses, specifying the name of every such source.’

 

Art. 44CC (1): ‘Every political party setting up any candidate for election shall maintain proper account of all its income and expenditure for the period from the date of publication of notification under clause (1) of Article 11 till the completion of elections in all the constituencies in which it has set up candidates and such account shall show clearly the amount received by it as donation above [taka five thousand] from any candidate or any person seeking nomination or from any other person or source giving their names and addresses and the amount received from each of them and the mode of receipt.’

Source: Representation of the People Order, 1972.

55. Which institution(s) receives financial reports from political parties and/or candidates?
Code
EMB
Comment

Election Commission

Source

Art. 44AA, (1): 'every contesting candidate shall submit to the Returning Officer,] a statement, in the prescribed form, of the probable sources of fund to meet his election expenses'

Art. 44C, (1): 'Every election agent of a contesting candidate shall (...) submit to the Returning Officer a return of election expenses in the prescribed form'

Art. 44CCC, (1): 'the Commission, for its scrutiny, within ninety days] of the completion of election in all constituencies, an expenditure statement giving details of the expenses incurred or authorised by it in connection with the election of its candidates for the period from the date of publication of the notification under clause (1) of Article 11 till the completion of elections in all the constituencies in which it has set up candidates'.

Source: Representation of the People Order, 1972 (as amended up to October 2008).

 

56. Which institution(s) is responsible for examining financial reports and/or investigating violations?
Code
EMB
Comment

BLANK

Source

Art. 91E, '(1) Notwithstanding anything contained in this Order or rules, if it appears to the Commission on receiving an information from any source or written report that, any contesting candidate or his agent or any other person on his behalf, by his order or under his direct or indirect consent, engages or attempts to engage in any serious illegal activity or violates or attempts to violate any provision of this Order or rules or Code of Conduct for which he may be disqualified to be elected as a member, the Commission may pass an order for an investigation of the matter giving the contesting candidate a reasonable opportunity of being heard.'

Source: Representation of the People Order (Amendment) Act, 2009.

'The EC is the only state agency to oversee the financial accounting of political parties in Bangladesh.' (2009: 6)

Source: ‘Transparency in Political Finance in Bangladesh’, Transparency International Bangladesh, October 2009, pp. 1-32.

57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations?
Code
Request additional information from potential violator
Source

Art. 91E, '(1) Notwithstanding anything contained in this Order or rules, if it appears to the Commission on receiving an information from any source or written report that, any contesting candidate or his agent or any other person on his behalf, by his order or under his direct or indirect consent, engages or attempts to engage in any serious illegal activity or violates or attempts to violate any provision of this Order or rules or Code of Conduct for which he may be disqualified to be elected as a member, the Commission may pass an order for an investigation of the matter giving the contesting candidate a reasonable opportunity of being heard.'

Source: Representation of the People Order (Amendment) Act, 2009.

58. What sanctions are provided for political finance infractions?
Code
  • Fines
  • Prison
  • Deregistration of party
  • Loss of nomination of candidate
Source

Art. 44CC, (5): 'If any political party contravenes any provision of this Article, it shall be punishable with fine which may extend to taka ten lakh.'

Art. 44CCC (5): 'Commission may, subject to payment of a fine of taka ten thousand, extend the time for another fifteen days, and if such registered political party fails to submit its statement within that extended time, the Commission may cancel its registration.'

Article 73: 'A person is guilty of corrupt practice punishable with [rigorous imprisonment for a term which may extend to seven years and shall not be less than two years, and also with fine] if he-4[(2) has met any election expenses from any source other than sources specified by the contesting candidate in the statement or' the supplementary statement submitted under Article 44AA;(2A) Contravenes the provisions of Article 44B;(2B) is guilty of bribery, personation or undue influence;](3) makes or publishes a false statement-(a) concerning the personal character of a candidate or any of his relations calculated to adversely affect the election of such candidate or for the purpose of promoting or procuring the election of another candidate unless he proves that he had reasonable grounds for believing and did believe, the statement to be true;(b) relating to the symbol of a candidate, or not such symbol has been allocated to such candidate; or(c) regarding the withdrawal of a candidate.(4) calls upon or persuades any person to vote, or to retrain from voting'

Source: Representation of the People Order (Amendment) Act, 2009

 

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